The High Court of Patna granted bail to a petitioner languishing in custody accused of narcotics offences. The order noted procedural lapses in the FIR where the weight of seized ganja was not mentioned, despite stringent NDPS provisions.
Release on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12176 of 2016
Arising Out of PS.Case No. -380 Year- 2015 Thana -SAHEBPUR KAMAL District- BEGUSARAI
====================================================== Subhash Singh, son of Sri Rajeshwar Prasad Singh .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar, Advocate For the Opposite Party/s : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 18-04-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 23.02.2016 in a case registered for the offences punishable under sections 20/22 of The Narcotic Drugs and Psychotropic Substances Act, 1985.
Prosecution case is that on the eve of 2015 Assembly Elections the tea shop of petitioner was raided when 35 sachets of 'ganja', empty liquor bottles and other articles were recovered but the petitioner managed to escape from the scene.
It is submitted by learned counsel for the petitioner
that the FIR does reflect actual weight of 'ganja' and from the accusation levelled in the FIR it appears that the recovered quantity wihtin the small quantity. It is further submitted that
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investigation has already concluded. Though the petitioner is accused in one other case but he is not accused in any other case under NDPS Act.
It is really shocking that the cases under N.D.P.S. Act having such an stringent provisions are being registered and investigated by such police officers who do not know how to follow the procedural safeguards. It is an weight based offence and the informant did not bother to mention weight of the seized contraband either in the FIR or in the case diary.
Considering the fact that actual weight has not been mentioned in the FIR neither the learned Sessions Judge has discussed about the same though the impugned order suggest that the learned Sessions Judge passed the order after going through the case diary, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Begusarai, in connection with Sahebpur Kamal P.S. Case No.380/2015 arising out NDPS Case No.6/2015.
(Dinesh Kumar Singh, J)
Ashwini/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in the light of procedural defects in the FIR regarding weight of seized contraband under NDPS Act?
SHASHIBHAR SINGH
THE STATE OF BIHAR
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
